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NY I88603

December 19, 2002

CLA-2-18:RR:NC:SP:232 I88603


TARIFF NO.: 1806.90.9019

Mr. Benoit Hamelin
R.O.E. Logistics
474 rue McGill, Suite 300
Montreal, Quebec
Canada H2Y 2H2

RE: The tariff classification of Sea Shell Chocolate from Turkey

Dear Mr. Hamelin:

In your letter dated November 26, 2002, on behalf of Les Aliments Papco Inc., you requested a tariff classification ruling.

A sample was submitted with your request. The subject merchandise consists of confectionery in the form of various types of sea shells. The ingredients on the product label are: sugar, hazelnuts, cocoa, cocoa butter, full cream milk powder, lecithin and vanillin. The confectionery is packaged for retail sale on a plastic tray inside a cardboard box.

The applicable subheading for the Sea Shell Chocolate will be 1806.90.9019, HTS, which provides for Chocolate and other food preparations containing cocoa...other...other...other... confectionery...other. The rate of duty will be 6 percent ad valorem.

Articles classifiable under subheading 1806.90.9019, HTS, which are products of Turkey may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 646-733-3031.


Robert B. Swierupski

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